Introduction of Legal methods Assignment
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The report provides a fundamental study about the basic legal method, including legal scholarship, legal reasoning, and legal research. Some skills are also provided for practicing these legal methods, reasoning, and scholarship. Abilities and skills are mentioned in the report for drafting the legal draft and its importance in the field of law. some skills and abilities that are important for drafting the legal draft are mentioned in the report. In this manner, the report demonstrates some basics of legal scholarship, legal methods, reasoning, legal writing, and drafting.
Legal methods and legal scholarship
Legal reasoning can be explained as the procedure which includes the reasoning from particular cases to a whole group of cases, from specific examples of the concerning law. it can also be said as a historical or empirical method. Legal research can be done in two ways as quantitative legal research and qualitative legal research. In quantitative research, some questionnaires, surveys, structured interviews, and experiments are included. (Eliot, L., 2020) Qualitatively some participant surveys, unstructured interviews, and life histories. Legal reasoning is helping so much in any research to the researcher because reasoning is the process of thinking that helps to reach any outcome in the research with the best possible solution. There are two cognitive abilities for legal reasoning models that include case based reasoning, interpretation of conflicting rules using some legal precedents, and concepts. (Neumann Jr, R.K. and Entrikin, 2018)
For practicing legal reasoning some steps must be taken such as reading the comprehension and analyzing the question, the reviews of the author are important, always preferring the answer that matches with the passage, practicing every mock test, and working continuously on reading skills. Four steps must be followed in legal reasoning as an issue as a problem that should be discussed or debated, identify the legal rules that govern the issue and consider the relevant facts, implement the rules to the facts. The research methods can be four kinds mainly observational, experimental, simulation, and derived. (Bloemraad, I., 2018)
The legal method can be referred to as the set of some techniques, rules, and set of principles that use to evaluate and implement the law. identify the appropriate weight that should be accorded to a diverse source of law. legal research is the method of evaluating, examining, and retrieving the mandatory information to support legal decision making. This research can be implemented to find answers to many legal questions. It is important when it is required to find out whether any legal issue has any precedent or not. (Britton-Purdy, J., et al, 2019)
For conducting the legal research researcher must have proper knowledge about using the legal research platform, he must be clear about the expected outcomes attained during the research, must be organized, and has to be selective. So, these abilities are important to conduct legal research. (Ady, C.I.P., et al, 2019)
Many skills and abilities are required for obtaining the legal scholarship as fluent verbal communication, superior writing skills, logical and analytical rationale, extensive legal research, coherent client service, and substantive knowledge about legal procedures. It must be related to legal education. So, in this manner, some presented skills or abilities must be had by a person wish to obtain a legal scholarship.
Fundamentals of legal writing
Some skills are required to present effective legal writing as always considering the audience, organize the writing, ditch the legalese, be concise, use actional words, ignore the passive voice, edit ruthlessly. Some principles that must be followed while preparing any legal writing report as understanding the main aim of the report, introduction, describing the facts in chronological order, better understanding with legal terminology, use of legal jargon, mentioning short sentences, paragraphs, and headings, and implement correct grammar, make sure about all sentences and its meaning by re reading all sentences. (Smith, L.T., 2019)
It is very important for the legal sector and it presents the critical component in the curriculum of law schools. Legal writing is the form of technical writing and it is practiced by lawyers, judges, and those persons who in this profession resolve the client's problems. (Pluckrose, H. and Lindsay, J.A., 2020)
Legal drafting and abilities for creating the drafting
It presents a method of preparing a well structured document such as petitions, memorandums, contracts, wills, statutes. And by this kind of documents parties are legally blind. These are also called general sense. Simply it is the act of writing legal documents, in the drafting paper or reports the significant facts regarding the issue are presented briefly. Drafting required so many skills and patience from advocates who design the legal drafting. It is the most important instrument of legal communication. The legal document must be presented with a legal issue, statement of client, and remedies or solutions. Some essential elements of legal drafting can be explained as it must be clear, remove the ambiguity, be precise, clear, unilateralism, consider the chronology, explain the important things, and adaptability. (Eliot, L., 2020)
Some skills are required for drafting as the person must experience and be able to express the thoughts for writing. In the drafting, it is important to express the client's case and issue briefly. For effective drafting a strong command of the language is necessary. The legal drafting is must be flawless, error free. The lawyer ensures through the legal draft that he identified all the relevant facts, rules and implements them to prepare a document that attains to the client’s goals. So, in this manner legal drafting and legal research is effective and important in the law field. Some mentioned abilities are important for legal drafting.
The abovementioned report explains the ability to practice legal methods, legal scholarship, and legal reasoning, legal research. The meaning, scope, and effectiveness of all legal methods, research, scholarship, the reasoning are defined in the report. Some abilities for practicing legal research, scholarship, and reasoning are explained briefly. Discussed abilities and skills are important for conducting legal research, reasoning, and scholarship. In the second part of the report, some fundamentals of legal writing and skills for creating legal writing are explained in the report. A basic understanding of legal drafting and its importance, effectiveness in law is also mentioned in the report. Skills for legal drafting are also described in the report.
Ady, C.I.P., Basuki, P.N. and Manuputty, A.D., 2019. Analysis of Information Technology Governance Using the COBIT 5 Framework (Case Study: E-Legal Drafting Legal Section of the Regional Secretariat of Salatiga City). Journal of Information Systems and Informatics, 1(2), pp.136-151.
Bloemraad, I., 2018. Theorising the power of citizenship as claims-making. Journal of Ethnic and Migration Studies, 44(1), pp.4-26.
Britton-Purdy, J., Grewal, D.S., Kapczynski, A. and Rahman, K.S., 2019. Building a law-and-political-economy framework: Beyond the twentieth-century synthesis. Yale LJ, 129, p.1784.
Eliot, L., 2020. An Ontological AI-and-Law Framework for the Autonomous Levels of AI Legal Reasoning. arXiv preprint arXiv:2008.07328.
Eliot, L., 2020. Turing Test and the Practice of Law: The Role of Autonomous Levels of AI Legal Reasoning. arXiv preprint arXiv:2008.07743.
Neumann Jr, R.K. and Entrikin, J.L., 2018. Legal Drafting by Design: A Unified Approach. Wolters Kluwer.
Pluckrose, H. and Lindsay, J.A., 2020. Cynical theories: How activist scholarship made everything about race, gender, and identity—and why this harms everybody. Pitchstone Publishing (US&CA).
Smith, L.T., 2019. Decolonizing research: Indigenous storywork as methodology. Bloomsbury Publishing.