This document discusses four models of legal research: collative, historical, comparative, and collateral. It provides details on each:
Collative research involves compiling laws, cases, and other materials on a topic for easy reference. Historical research traces the development of a law or legal concept over time to understand its origins and evolution. Comparative research examines how other jurisdictions approach legal issues to identify innovative solutions or reforms. Collateral research involves considering related non-legal sources to provide broader context.
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
Chapter 1 – Business and Its Legal Environment1. Schools of Ju.docxcravennichole326
Chapter 1 – Business and Its Legal Environment
1. Schools of Jurisprudential Thought
A. The judge function is not to make the laws but to interpret and apply them. The court plays a significant role in defining what the law is. Judges have some flexibility in interpreting and applying the law, in which each judge’s unique personality, legal philosophy, set of values, and intellectual attributes necessarily frame the judicial decision-making process to some extent.B. The Natural Law School is the oldest and one of the most significant schools of legal though. It is a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason. According to Aristotle, natural law applies universally to all humankind.
C. The Positivist School is a school of thought that can be no higher law than a nation’s positive law or national law, the written law of a given society at a particular point in time. In contrast to natural law, positive law does not believe in “natural rights”, but rather human rights exist solely because of laws.
D. The Historical School emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should beE. Legal Realism is popular in the 1920s and 1930s that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more realistic approach to the law, and the circumstances in which transactions take place.
2. Business Activities and the Legal Environment A. Laws and government regulations affect virtually all business activities and basic knowledge of the laws and regulations governing these activities is beneficial – if not essential. Therefore, a study of business law necessarily involves an ethical dimension.
B. There are many areas of the law that may affect a single business decision making. Compartmentalizing a law promotes conceptual clarity, but it does not indicate the extent to which a number of different laws may apply to just one transaction. If any dispute cannot be resolved amicably, then the laws and the rules concerning courts and court procedures can spell out the steps of the lawsuit.
C. Ethics and business decision making is an important part of business decision because ethics constitutes right or wrong behavior. Business decision makers need to consider not just whether decision is profitable and legal but also whether it is ethical.3. Sources of American LawA. There are two main sources of American Law -- primary sources that establish the law and the secondary sources that summarize and clarify the primary sources of law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law.
B. Constitutional Law is a law that is expressed in the U.S. Constitution a ...
Learning Outcome: After completing the lesson students will be able to -
a) comprehend the scope and variety of legal research
b) prepare for learning about the different features of the legal doctrine
1Chapter 2 LEGAL RIGHTS AND RESPONSIBILITIES(Laws Governi.docxhyacinthshackley2629
1
Chapter 2: LEGAL RIGHTS AND RESPONSIBILITIES
(Laws Governing the Workplace)
2
Paradoxes about working for the public sector and legal rights
· How and when do we give up personal rights in public employment?
· Must balance three elements
· Employee rights
· Employer needs
· Policy dictates (governmental needs)
In this chapter on Legal Rights and Responsibilities, we are essentially covering laws governing the workplace, of course focusing on the public sector arena. The introduction points out the particularly important paradoxes of living in a democracy in which we value our personal rights, and yet we must yield up or narrow many of those rights in employment situations. This paradox is founded on the underlying principle that public law is trying to balance three elements: the needs of employers, the needs of employees, and the interests of government in pursuing public policy. The entire chapter looks at how these three elements—employees, employers, and policy dictates—are balanced in a wide variety of areas. On one hand, the balancing that is achieved is a magnificent monument to rationality at its best, because the legal system does an extraordinary job of ensuring fairness for employees, employers, and the implementation of policy. It also allows for varying the balance to suit different issues, to evolve over time, and to consider fact-specific situations. Yet on the other hand, public law can be frustrating too, because the balancing act does vary from area to area, does vary constantly over time, and predictability in fact-specific situations is sometimes in doubt until situations are legally challenged and litigated. Thus, public law can be very challenging and frustrating for public managers. As the book points out, managers must embrace the law to avoid the law. This chapter is the primary means that the MPA program uses to ensure that managers are both informed and relatively comfortable dealing with this challenging aspect of management.
3
Not all employment requirements stem directly from laws…
Many issues are not covered by laws, but rather by collective bargaining rules and agency guidelines which are nearly as firm
An interesting note is that much of what constrains employers is not in the law itself, but in civil service rules and tenure systems. Such rules are considered to be freely adopted by governments or individual agencies, and in most cases either have the weight of law, or at least a very strong legal weight in litigation and provide a weapon that can be used when individuals and unions seek protection of employee rights. Thus many of the generalizations in the chapter are based on common practices articulated in rules, rather than specific laws themselves. A prime example of this is in discipline, where civil service systems constrain agencies to act through specific procedures which must be followed scrupulously. Governments set up the legal framework, it is further articulated in collective barg.
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
Chapter 1 – Business and Its Legal Environment1. Schools of Ju.docxcravennichole326
Chapter 1 – Business and Its Legal Environment
1. Schools of Jurisprudential Thought
A. The judge function is not to make the laws but to interpret and apply them. The court plays a significant role in defining what the law is. Judges have some flexibility in interpreting and applying the law, in which each judge’s unique personality, legal philosophy, set of values, and intellectual attributes necessarily frame the judicial decision-making process to some extent.B. The Natural Law School is the oldest and one of the most significant schools of legal though. It is a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason. According to Aristotle, natural law applies universally to all humankind.
C. The Positivist School is a school of thought that can be no higher law than a nation’s positive law or national law, the written law of a given society at a particular point in time. In contrast to natural law, positive law does not believe in “natural rights”, but rather human rights exist solely because of laws.
D. The Historical School emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should beE. Legal Realism is popular in the 1920s and 1930s that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more realistic approach to the law, and the circumstances in which transactions take place.
2. Business Activities and the Legal Environment A. Laws and government regulations affect virtually all business activities and basic knowledge of the laws and regulations governing these activities is beneficial – if not essential. Therefore, a study of business law necessarily involves an ethical dimension.
B. There are many areas of the law that may affect a single business decision making. Compartmentalizing a law promotes conceptual clarity, but it does not indicate the extent to which a number of different laws may apply to just one transaction. If any dispute cannot be resolved amicably, then the laws and the rules concerning courts and court procedures can spell out the steps of the lawsuit.
C. Ethics and business decision making is an important part of business decision because ethics constitutes right or wrong behavior. Business decision makers need to consider not just whether decision is profitable and legal but also whether it is ethical.3. Sources of American LawA. There are two main sources of American Law -- primary sources that establish the law and the secondary sources that summarize and clarify the primary sources of law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law.
B. Constitutional Law is a law that is expressed in the U.S. Constitution a ...
Learning Outcome: After completing the lesson students will be able to -
a) comprehend the scope and variety of legal research
b) prepare for learning about the different features of the legal doctrine
1Chapter 2 LEGAL RIGHTS AND RESPONSIBILITIES(Laws Governi.docxhyacinthshackley2629
1
Chapter 2: LEGAL RIGHTS AND RESPONSIBILITIES
(Laws Governing the Workplace)
2
Paradoxes about working for the public sector and legal rights
· How and when do we give up personal rights in public employment?
· Must balance three elements
· Employee rights
· Employer needs
· Policy dictates (governmental needs)
In this chapter on Legal Rights and Responsibilities, we are essentially covering laws governing the workplace, of course focusing on the public sector arena. The introduction points out the particularly important paradoxes of living in a democracy in which we value our personal rights, and yet we must yield up or narrow many of those rights in employment situations. This paradox is founded on the underlying principle that public law is trying to balance three elements: the needs of employers, the needs of employees, and the interests of government in pursuing public policy. The entire chapter looks at how these three elements—employees, employers, and policy dictates—are balanced in a wide variety of areas. On one hand, the balancing that is achieved is a magnificent monument to rationality at its best, because the legal system does an extraordinary job of ensuring fairness for employees, employers, and the implementation of policy. It also allows for varying the balance to suit different issues, to evolve over time, and to consider fact-specific situations. Yet on the other hand, public law can be frustrating too, because the balancing act does vary from area to area, does vary constantly over time, and predictability in fact-specific situations is sometimes in doubt until situations are legally challenged and litigated. Thus, public law can be very challenging and frustrating for public managers. As the book points out, managers must embrace the law to avoid the law. This chapter is the primary means that the MPA program uses to ensure that managers are both informed and relatively comfortable dealing with this challenging aspect of management.
3
Not all employment requirements stem directly from laws…
Many issues are not covered by laws, but rather by collective bargaining rules and agency guidelines which are nearly as firm
An interesting note is that much of what constrains employers is not in the law itself, but in civil service rules and tenure systems. Such rules are considered to be freely adopted by governments or individual agencies, and in most cases either have the weight of law, or at least a very strong legal weight in litigation and provide a weapon that can be used when individuals and unions seek protection of employee rights. Thus many of the generalizations in the chapter are based on common practices articulated in rules, rather than specific laws themselves. A prime example of this is in discipline, where civil service systems constrain agencies to act through specific procedures which must be followed scrupulously. Governments set up the legal framework, it is further articulated in collective barg.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
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Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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1. MODELS OF LEGAL RESEARCH
AND CURRENT TRENDS
Collateral
Historical
Comparative
2. Collative
• When a legal researcher prepares a digest of laws, statutory
provisions, judicial pronouncements or annotated
bibliography on a particular topic or subject, that research
gets the label of collative legal research…..
• Here the legal researcher collects all the relevant materials,
with or without its summary, on a given topic and
arranges/classifies them in a logical manner. Digests of cases
and statutes, like Halsbury’s Statutes of England and Yearly
Digests (of cases published by All India Reporter, India),
published by well-known law publishers fall in this category
of legal research
3. • A well-collated material will serve a useful purpose by
reducing the labor of researchers. It offers reliable versions
of the law. Collative material has its own value and collative
research an end in itself
4. Historical
• In historical legal research, a legal researcher intends to trace
historical antecedents of a legal fact. Tracing history of a
particular legal fact becomes significant for its following
attributes….
• First, it becomes useful, rather warranted, when the present
statute or statutory provision has raised meaningful queries
and it becomes necessary to explore the circumstances in
which the present position came out
5. • In such circumstances, it gives a significant clue to the
reasons why it (the particular law or legal provision) was
framed in the form in which now it appears. It helps to
remove certain doubts about the legal fact.
• Secondly, it supplies the researcher the reasons that justify
the present position. It would also exhibit that a particular
existing provision, fully justifiable at the time when it was
introduced, is no longer so justifiable because the reasons
and the circumstances that justified its inclusion are no
longer valid or exist
6. • Thirdly, it discloses the alternatives, different than the
currently adopted ones, which were considered and rejected
by the lawmakers and reasons therefor. Such a revelation not
only exhibits the sound and valid reasons for rejection of an
alternative but also discloses the comparative positive and
negative attributes of different alternatives that were
thought of (or rejected) and of that are adopted in the
legislation under inquiry. In this way, it initiates or
contributes in legal reforms.
7. • Fourthly, history of a legal fact, when traced deeply
and arranged logically, shows the gradual evolution of
the law or legal fact on certain lines, and thereby of
general trend of its change. It shows the way the legal
fact is evolved
8. • Fifthly, historical background of law enables law-
makers to know the principles used or followed by
Legislature from home or abroad in earlier identical
law(s) as very few pieces of legislation are original in
the sense of being pure innovations of a skilled
draftsman. In majority of the cases, Legislature
consults and adapts earlier statutes or makes use of
principles laid down or proposed in decided cases.
9. • Sixthly, historical background of law or a statutory
provision helps judiciary (particularly in Common Law
jurisdictions) in interpreting law in a more rational and
pragmatic way as historical research helps it to know
the historical and political spirit in which that
particular law (or a legal provision) came into
existence and for what reasons. Laws are not made in
a vacuum. They are passed in order to meet some
needs of society.
10. Lastly , a law may have relevant international
background when it is enacted to give effect to the
treaty obligations accepted by the government towards
other countries. The practical importance of an
understanding and knowledge of that wider political
context is evidenced by the increasing willingness of
the courts to take account of relevant international
instruments when construing the legislation.
11. Comparative
• there are two schools of thought about comparative legal
research. The first school perceives comparative legal
research as a mere process, a method of approaching legal
problems. While the second school treats it as a dogmatic
science as it aims to study and collate the law of different
countries in a systematic order, with the object of placing
stress upon the resemblances and differences in the rules
adopted by various countries, to solve the many problems
coming out of the organized society
12. • The former school has four shades of views.
• A comparative legal research, according to it, is undertaken
(i) to initiate acquaintance with a foreign law, (ii) to animate
and modernize the study of private law of a country, (iii) to
prepare an internal law by knowing the way in which the
legislature from other jurisdictions has carried out reforms,
and (iv) to study law ‘common to all’.
13. •it is, however, undeniable that comparative legal
research serves as a good means for introducing
new ideas into a legal system. The adoption of
the Scandinavian institution of the Ombudsman
in many Common Law jurisdictions and the
adoption in many jurisdictions of consumer
protection laws reflecting the American
approach are classic examples in point.
14. • In most of these instances law reformers, academic lawyers
and Law Commissions have conducted comparative study of
foreign systems before initiating a new law or proposing
amendments in the existing ones. Invariably, every good
piece of comparative approach to law not only gives useful
ideas to Legislature but also suggests suitable solution to
legal problems.,
•However it may be emphasized that comparative law
becomes legitimate only if the comparison is applied to
laws of countries whose social conditions are
substantially similar.
