A lot of people don't recognise writing is a craft. You have to take your apprenticeship in it as in anything else. What is true for an author is true for a lawyer. Legal Research and Writing is indeed a subject one has to apprentice in, in order to be able to later practice it properly. The goal of this assignment is to show how to use materials, tools and skills learned in a course of time in order to tackle the case of Gregg v Scott; and a discussion on the concept and outcome of including a so called Romalpa Clause in a contract as a form of security for a debt. For both subjects, some common methodological principles will apply. In fact, for both subjects, it is necessary to find appropriate materials. Bond University provides a lot of electronic or paper materials. Then, legal writing is something that has to be practiced in a proper way, following basic rules.
[...] This approach uses a diagram to help the reader to find several key words for a research. It is, in effect, a word association game. An example is produced in appendix (see appendix J). Most of legal information can be obtained online via LEXIS, WESTLAW[15] among other materials. Sophisticated research strategies have developed. The Boolean searching is an online technique to find relevant documents from the massive online databases of legal documents. Some of the common Boolean connectors used by Westlaw and Lexis are the following: - AND retrieves documents where both terms are included (see appendix - OR retrieves documents where either term is included - retrieves documents where the first term appears in the same sentence with the next - retrieves documents where the first term appears in the same paragraph with the next - retrieves documents where the first term appears within words of the next - retrieves documents that include the exact phrase enclosed within the quotation marks - BUT NOT retrieves documents that include one term without the other anywhere in the document (in Westlaw) - AND NOT retrieves documents that include one term without the other anywhere in the document (in Lexis) - * the universal character (e.g., Sm*th retrieves Smith and Smyth) - the root expander (e.g., arbitrat Retrieves arbitration, arbitrator, arbitrate, arbitrating, etc.) 3. [...]
[...] Part II - Legal issue research and writing The legal issue is the following: Discuss the concept and outcome of including a so called Romalpa Clause (retention of title) in a contract as a form of security for a debt. Such a topic needs a project planning in order to do an appropriate research and structure properly the essay A. Project planning Research involves planning. First a project time planning is necessary in which reading and understanding will take around the three fourths of the total allotted time. [...]
[...] When we know the name of the party to a case, a Boolean search may be used Boolean search is a technique to find electronically documents that contain particular words by using connectors but there will be too many results documents. To remedy this problem, it is better to use a specific type of search for case by party name (many court websites contain opinions and can be searched for party name or docket number). The next stage in the research process will be to scavenge the case by entering the name of the case properly[10] (see appendix In the next stage, it is necessary to retrieve the case in order to be able to use it later. [...]
[...] A red stop sign indicates a negative case treatment (such as reversal); a yellow triangle indicates a possible negative treatment (such as criticized or modified); and a green diamond with a plus sign in the middle indicates positive treatment (such as followed or affirmed). But we must take care because such indications do not substitute for our own judgment about the meaning or significance of a case treatment in subsequent cases (for example see appendix F). Read the case: this step is very important. [...]
[...] Advanced legal search and writing on the case of Gregg v Scott [2005] U K H L 2 and a discussion on the concept and outcome of including a so called Romalpa Clause in a contract as a form of security for a debt Table of contents INTRODUCTION 3 A. The sources of law Primary sources Secondary sources: Tertiary sources: 4 B. Legal writing 4 PART I. CASE RESEARCH AND CASE NOTE WRITING 5 A. Project time planning 5 B. [...]
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