Tuesday, 15 March 2011

How to analyse law Articles easily

How to analyse law Articles (E-commerce laws)
By Mohammad Al-Thunibat
Keywords: analyse law articles, e-commerce laws analysis, e-commerce, UNCITRAL, EC Directive 2000/31, UETA, legal recognition
As a user in the online market (internet) or as a student, person or company who look after a legal method to legitimate his online business via the internet, you need to know or to understand how you can analyse law Articles related to e-commerce or online transactions to be able to legally control your business or actions online
In order to be able to analyse any law Article ( especially e-commerce law Articles ) you need to understand some legal keys and follow these steps and tips:
v  Points to acknowledge or understand while you analysing a law Article:
each law Article, (e-commerce law Articles), has three main keys which are:
1. introduction: in this section the legislature, usually, provide why or the purpose of establishing the law Article
2. main content (substantive rule or aim): this section contain the most important key or the rule that the Article cover, govern or organise
3. the out point (connection key): this section provided, in most law Articles, a couple of words aims to create a connection with the following or previous Articles or laws
Example (1): let us say that we want to analyse the following law Article (which is Article 5 of the UNCITRAL) which states:
Legal recognition of data messages ” Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of a data message”. So according to our method where is the introduction, major aim and the connection. As the Article is about the legal recognition of data messages, then:
·         the introduction starts from that title and finish in “information shall not be denied”
·         the major aim in this Article covers the legal effect, validity or enforceability
·         and the connection of this Article shall read with any  other Article governs or organises data message within that law
Example (2): let use another Article from the EU legislation which regulates the same principle (legal recognition), Article 9/1 of the EC Directive 2000/31 states:
Treatment of contracts “Member States shall ensure that their legal system allows contracts to be concluded by electronic means. Member States shall in particular ensure that the legal requirements applicable to the contractual process neither create obstacles for the use of electronic contracts nor result in such contracts being deprived of legal effectiveness and validity on account of their having been made by electronic means”. According to this law Article:
·         introduction: starts from the title of the Article and finish in “Member States shall... in particular ensure”
·         the substantive aim is the legal effectiveness and validity of contracts
·         the connection: contracts that made by electronic means
Example (3): Article or Section 7/b of the UETA (U.S Law) states:
LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS “A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation”. According to this law Article:
·         introduction starts from the title until “A contract may not be denied”
·         substantive aim: is the legal effect or enforceability of a contract
·         the connection: the use of e-record in its formation
Note: these are three examples of three different laws
v  Now let us move to the steps (or tips) that the analyses (five easy steps and tips) should be made by:
1.      make sure that you have (at least) marked the major aim which your analysis study will base on. If the substantive aim stated under the law Article in more than two words, then the keys of your analysis shall be taken in accordance to the relevant between such words or terms, also they shall be taken separately whilst your analysis.
2.      Highlight your method, purpose and outcomes of your analysis as a hypothetical points (by setting a summary structure).
3.      Start putting your ideas and thoughts in addition to the data you have read regarding to the Article you analyse.
4.      Connect your analysis outcomes with the outcome provided or stated within the law Article, by determining the legal purpose that the legislature meant by stating that law Article.
5.      You are ready now to write your final analysis based on this method.
Note: these steps are for students, researchers or anyone else want to acknowledge such method
There will be another part in future explaining how you can professionally analyse law Article as a lawyer, also another part related to how you can set a legal comparative study between laws and regulations. Although, if you have any question or comment please leave your comment here or post your question in this page or in the free legal advice page

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