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Legal Research and its benefits

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Legal Research and its benefits

Every lawsuit, court appeal, criminal cases, and legal procedures need a certain amount of legal research. Legal research helps in determining the current legal scenarios and issues as well as helps in finding out a solution to deal with it. Every legal case follows proper regulation and practice. If any case has not undergone a proper legal protocol to chance of arriving at a proper conclusion will be extremely limited. To find out an answer to a legal question or to check for the legal precedent that can briefly draw an outline of the case details is what known as legal research

The two categories of general legal research are:

  1. The primary law is binding the statutes, regulations, and case law that’s codified in law.
  2. The sources that explain the primary law and the legal theory including legal digests, treatises, journals, etc are known as secondary sources.

If any country’s legal system is best described as following the proper legal precedent, it would be the U.S. legal system.  The function of legal research is to find out how previous courts have acted on certain instances, what was the pattern and how did they decide. The study of the whole structure of the legal cases can help a country’s legal system to frame the right legal theories. This could even become the principle guidebook for other subsequent cases to be followed.

The legal theories are based on the following:

  • A formal written expression by a court providing the details of principles of law or the reason based on which a decision was made. This is known as an opinion.
  • A case can be based upon parallel citations. It is a citation reference of a case that can be simultaneously printed for two or more different case with some instances.
  • Every court adheres to precedent on questions of law. This is followed in order to ensure certainty, consistency, and stability in the administration of justice. This doctrine is called stare decisis.
  • Whether the case is considered good law, parallel citations, or the use of the case in other jurisdictions, the status of the case is check-in Shepard citation. This is known as Shepardize.

The legal research work comprises of taking the instance from the legal theories and principles.

It may be wise to talk to your attorney to understand how they use Legal Research. It is important because judges may often write opinions which is not easy for non-lawyers to follow. We all require an expert for that. An attorney will review statutes, case law, and secondary authority to guide you with a decision to proceed with your case. Your attorney would best know how the court would proceed and react in certain instances. Since they have already done a bit of research on precedent, case law with a similar fact pattern, they would have a little idea about where the case would lead to. Lawmakers do the same with statutes. A corporate lawyer may conduct legal research on building codes, employment laws or federal environmental regulations to understand and determine whether a proposed new policy would expose the company to liability.

The importance and benefits of legal research are:

  1. It is an important tool for lawyers and law firms.
  2. It governs the pertinent issues involving the basic search for a case that can be used as a consulting case.
  3. A good legal research can dispose of or eradicate the possibilities of failure.
  4. The legal research is indispensable for lawyers, regardless of area or type of practice.
  5. The legal research paves the path to the leading case governing the issues in question.

For any legal research find out the right laws is extremely crucial. The right conclusion depends on how a researcher would analyze the case that reveals before them through the research process. The research process needs to be taken very seriously, as it reveals the future possibilities of resolving any case without any discrepancies.

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litigation A detailed note on litigation

TechCEO

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litigation

An action brought in court to enforce the legal rights of parties is termed as litigation. Litigation is usually settled by agreement between two parties in case of any dispute; unless a deeper intervention is required to take it to the court and let a jury or judge decide on the hearing. There are several actions that need to be taken during the entire process of litigation to enforce a legal right. The litigation process includes or can be broadly classified as the lawsuit, pre-suit negotiations, arbitrations, facilitations, and appeals.

Legal rights or litigation can be enforced before the following:

  • Litigation may begin before the lawsuit if someone wants to enforce or protect their legal rights. A party can hire an attorney who can put forward their interests. An attorney knows exactly what needs to be done as a part of litigation activities. From writing a letter to the legislative body to filing a notice of eviction with a local court and seeking compensation for a victim injured, an attorney can handle almost anything. However, none of the cases are decided without a proper investigation. The process of investigation can be extremely reckless and unfair as they go deep into the fact to arrive at a fair conclusion. When they deal with the raw facts both the party the victim and the condemned put forward nothing but the truth.

  • Pre-suit litigation includes a negotiation between the parties involved in the case. This is designed to avoid the inconvenience that may arise from a formal lawsuit. The attorney sends a demand letter to the convicted based on the claims and available proof to settle the issues. This demand letter gives a chance to the convicted to settle the matter with suitable compensation. Failing to do so proper litigation can be issued that may hit strongly on their pocket. The plaintiff usually seeks more than the ability or willingness of the defendant to pay. The defendant in most cases responds with the intention of paying the less amount than demanded from them.

  • Alternative dispute resolution comprises of facilitation, mediation, and arbitration. The process sometimes takes place as a substitute for a formal lawsuit. Facilitation and mediation are mainly informal processes, where the facilitator or the mediator makes attempt to negotiate for out-of-court settlement between the parties. For the case to resolve or settle, both the parties either accept or reject depending on their willingness. On the other hand, arbitration is extremely formal and is based on a contractual process. Here either of the party signs an agreement that states that they would accept arbitration in case of any dispute. It is a court case that occurs in front of a panel of attorneys to arrive at a solution. Court litigation is a strict process and arbitration in certain cases may happen later during the on-going process of litigation in the court of law. The rules are bit liberal and the expenses can be less compared to formal litigation.

  • When a plaintiff files a formal complaint in an appropriate court, this is the beginning of a lawsuit. As a notice, a formal draft is sent to the defendant to appear before the court. A lawsuit has three stages of litigation, namely discovery, trial, and post-trial.

  1. Discovery is a formal investigation conducted to find out the facts and present them the way it is. Both the plaintiff and the defendant are asked to produce proof or evidence. The facts are validated with information and document presented by both parties. The discovery process includes interrogation, request to produce the documents and evidence and request for admission and finally being available on the day when the case will commence in the court. During the session, an attorney can raise motion practice, which is a method that either party can use to sign a petition requesting the court for a decision on a disputed aspect of the case.

  2. Discovery is followed by a trial. When all the pre-trial motions are heard and the court feels that ADR is no longer required, they move the case to trial. The trial is a tedious and expensive process as each party makes a consistent effort to produce the case to the jury member. The plaintiff first makes his point clear and provides the reason for the allegation that he has brought against the defendant. The defendant then takes the lead to defend himself from the allegation that the plaintiff had raised against him. When all complaint has been raised and put forward both the parties may rest the case in the court of law. The judge is finally left with his decision or judgment to let both the party know about the findings of the case.

  3. Even if the verdict is given by the jury, the litigation still moves on. This kind of litigation is known as post-trial litigation. This is subjected to negotiation if the losing party is unsatisfied with the judgment in the court. They may appeal to the higher court for validating the verdict given by the court of law. There will still be a serious of motions, orders, and hearings that may be essential to arrive at a rightful decision. Based on the complexities of the case, the litigation may be either quickly resolved or may run for years. An attorney should be always there to guide you all throughout the litigation process.

Continue Reading

Legal

Legal Research and its benefits

TechCEO

Published

on

litigation

An action brought in court to enforce the legal rights of parties is termed as litigation. Litigation is usually settled by agreement between two parties in case of any dispute; unless a deeper intervention is required to take it to the court and let a jury or judge decide on the hearing. There are several actions that need to be taken during the entire process of litigation to enforce a legal right. The litigation process includes or can be broadly classified as the lawsuit, pre-suit negotiations, arbitrations, facilitations, and appeals.

Legal rights or litigation can be enforced before the following:

  • Litigation may begin before the lawsuit if someone wants to enforce or protect their legal rights. A party can hire an attorney who can put forward their interests. An attorney knows exactly what needs to be done as a part of litigation activities. From writing a letter to the legislative body to filing a notice of eviction with a local court and seeking compensation for a victim injured, an attorney can handle almost anything. However, none of the cases are decided without a proper investigation. The process of investigation can be extremely reckless and unfair as they go deep into the fact to arrive at a fair conclusion. When they deal with the raw facts both the party the victim and the condemned put forward nothing but the truth.

  • Pre-suit litigation includes a negotiation between the parties involved in the case. This is designed to avoid the inconvenience that may arise from a formal lawsuit. The attorney sends a demand letter to the convicted based on the claims and available proof to settle the issues. This demand letter gives a chance to the convicted to settle the matter with suitable compensation. Failing to do so proper litigation can be issued that may hit strongly on their pocket. The plaintiff usually seeks more than the ability or willingness of the defendant to pay. The defendant in most cases responds with the intention of paying the less amount than demanded from them.

  • Alternative dispute resolution comprises of facilitation, mediation, and arbitration. The process sometimes takes place as a substitute for a formal lawsuit. Facilitation and mediation are mainly informal processes, where the facilitator or the mediator makes attempt to negotiate for out-of-court settlement between the parties. For the case to resolve or settle, both the parties either accept or reject depending on their willingness. On the other hand, arbitration is extremely formal and is based on a contractual process. Here either of the party signs an agreement that states that they would accept arbitration in case of any dispute. It is a court case that occurs in front of a panel of attorneys to arrive at a solution. Court litigation is a strict process and arbitration in certain cases may happen later during the on-going process of litigation in the court of law. The rules are bit liberal and the expenses can be less compared to formal litigation.

  • When a plaintiff files a formal complaint in an appropriate court, this is the beginning of a lawsuit. As a notice, a formal draft is sent to the defendant to appear before the court. A lawsuit has three stages of litigation, namely discovery, trial, and post-trial.

  1. Discovery is a formal investigation conducted to find out the facts and present them the way it is. Both the plaintiff and the defendant are asked to produce proof or evidence. The facts are validated with information and document presented by both parties. The discovery process includes interrogation, request to produce the documents and evidence and request for admission and finally being available on the day when the case will commence in the court. During the session, an attorney can raise motion practice, which is a method that either party can use to sign a petition requesting the court for a decision on a disputed aspect of the case.

  2. Discovery is followed by a trial. When all the pre-trial motions are heard and the court feels that ADR is no longer required, they move the case to trial. The trial is a tedious and expensive process as each party makes a consistent effort to produce the case to the jury member. The plaintiff first makes his point clear and provides the reason for the allegation that he has brought against the defendant. The defendant then takes the lead to defend himself from the allegation that the plaintiff had raised against him. When all complaint has been raised and put forward both the parties may rest the case in the court of law. The judge is finally left with his decision or judgment to let both the party know about the findings of the case.

  3. Even if the verdict is given by the jury, the litigation still moves on. This kind of litigation is known as post-trial litigation. This is subjected to negotiation if the losing party is unsatisfied with the judgment in the court. They may appeal to the higher court for validating the verdict given by the court of law. There will still be a serious of motions, orders, and hearings that may be essential to arrive at a rightful decision. Based on the complexities of the case, the litigation may be either quickly resolved or may run for years. An attorney should be always there to guide you all throughout the litigation process.

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Legal

Conveyance deed – A legal document is important; know why?

TechCEO

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There are several different property documents or deeds when you are buying or selling properties. The real estate deals are never possible without the presence of legal documents. A legal document can establish you to be the owner of a property. It is equally important if you are transferring the property in some other name. A legal document establishes a lawful owner of a property.

Out of all the legal document conveyance deed or a deed of conveyance is extremely important. This piece of the legal document serves as proof of the transference of a deed from one owner to another and enforces the power of the latter on the said property. This deed avoids the issues that may arise regarding ownership. Conveyance deed is proof that establishes that the owner of an existing property has legally signed over the ownership of the property to another.

The following are the key elements that the conveyance deed should have to make it acceptable and binding in a court of law:

  1. Defining boundaries. The boundary lines of a property should be well-defined in a deed. Accordingly, a land survey must be done to define the exact parameters of the property in the deed. To avoid the line and ownership and trespassing issues in the future, it is extremely important. The ownership rights should be clearly mentioned in the document.

  2. Clear information conveyed – When transferring the property from one person to another, it should carry a clear message and information. No clause or points should be misleading. All the legal rights of the property that needs to be transferred from the owner to the buyer should also be mentioned. If the property has been delivered to the buyer by a grantor, the process should be clearly stated in the deed, including how the grantee has received the property. The deed should also include the terms and conditions that are attached to the transfer formalities.

  3. Signatures – The conveyance deed should be duly signed by all the parties involved in the transfer process to ensure that the document is valid. When the conveyance deed is signed between the current owner and the new owner the former transfers all the legal rights of the owner to the latter. This means that the new owner will have all the legal rights to own, keep or use the particular property the way he would like.

  4. Seal – In order to qualify the conveyance deed as legally valid, the grantor must sign the deed in front of a notary and the notary should then seal the document. The written document should be enforced in the court in a proper format, carrying the names of the seller or owner and the buyer.

  5. Registration – Each conveyance deed should be registered by the grantee with the appropriate county. A registration fee needs to be paid to the local registrar’s office to complete the registration formalities of the signed and the sealed document. Once the process is completed the transfer deed can become a part of the public domain. The record can then be properly maintained and accessed as and when required.

If further help is required a real estate agent can help the seller and buyer to compose, sign and register a conveyance deed during the transaction process.

The two types of conveyance deed are:

  1. Real estate conveyance
  2. Mineral rights conveyance

The conveyance deed is extremely important to avoid the hassles of going through the probate court or avoiding the possible risk of losing the ownership or rights to the property. This is the most occurrence on account of sudden death and without an existence of an appropriate will. As there will be no legal document to prove that the property can be transferred to the legal heir by the court of law, there could be a situation of serious legal confusion and dispute about the ownership of the property. To eradicate the possible confusion and risk about the ownership authority of the property, conveyance deed is an essential document for all.

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