Saturday, 19 March 2011

How to analyse law Articles ( professionally )

How to analyse law Articles ( professionally )
How to use law Articles in your study or case:
By Mohammad Al-Thunibat
This Article aims to determine the easiest and practical ways to analyse law Articles for lawyers, solicitors or for law students and researchers.
In addition to the steps and tips provided previously, lawyers and law students shall consider number of keys before they start their analysis, which the analysis will base on them later. The keys are:
·         Specify your goals and aims of your analysis
·         Set a specific plan (structure) for your study or case
·         Put your points in a draft statement which contain your claim or defence
·         Start collecting the relevant law Articles to your case or study
·         Connect your points with the relevant law Articles
·         You are ready now to start your analysis
In order to be, fully, able to control your case or study during the analysis you have to start highlight and preview your main aims and goals that you have set previously. Now to the analysis:
·         First you have to specify the substantive aim of the Article (which explained previously), in order to declare your goal of the analysis by asking yourself why I want to analyse this Article or what is the reason of that?! Well if you answered this question then you are ready to maintain the legal side of your study or case.
·         After that you have to identify the real purpose that the legislature state that Article for, you can know that by clarifying the introduction and the connection that the Article contain and provide, in which such Article established for.
·         Until this stage you have obtained two major instruments to your analysis which are ( the substantive aim of the Article and why this Article stated for), which will lead you to a practical question what next?? The answer of this question is in your structure and your draft statement which you set previously, as you should start matching between what the legislature provides and your points, in order to conclude to a number of points that deem as the outcome of the analysis on law Articles
Note: it is simple when you clearly identify your goals of your analysis especially if you want to criticise law Articles to use them in your study or case, as a supportive method
Example: let us say that party A formed a contract (online contract) with party B (sale contract), and B has breached the delivery terms, so in such case how I can use the analysis of contract law in my defence or claim?
If I were A’s lawyer then I have to do the following:
1.      specify my goals: I have to make B obliged by performing his responsibility or/and asking for compensation
2.      set my structure: determine that the contract formed legally, and prove that B’s being bound by the contractual liability
3.      my points: herein, I have to write all case/ study details starting from negotiation stage ending by performing stage
4.      collect the relevant law Articles: as this contract is an online contract then I have to search in both e-commerce laws and contract laws, and specifically in terms governed delivery rules
5.      connection: now I have to match between law Articles and case/ study circumstances, by putting every action with its governed rule
6.      now I have to specify my substantive aim of analysing such law Articles, which in this case I want to prove that A’s formed a legal contract and B’s breached the term of delivery
7.      after that, I have to look for the aims or purposes that the legislature states the selector rules for, by using the substantive aim of each related Article and using the connection part that organise the whole process which in such case is: (the performance of contracts concluded online)
8.      until now I determined my goals and legislature deeds, which I will use them in my statement as my claim to maintain A’s rights and benefits, which will be my claim requests (the outcomes of my analysis and for my case)
Note: these process can be used for B defence at the same order I used in A claim

1 comment:

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