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Rin
Student
Round Rock, Texas
1
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Where does legal scholarship enter a case, and how does that affect the outcome of the case?
Where does legal scholarship enter a case, and how does that affect the outcome of the case?
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2 answers
Joan Shea
Global Marketing Director
110
Answers
Newcastle, WA
Updated
Joan’s Answer
Hello Rin,
It's thrilling to discuss your inquiry about Legal Scholarships.
Legal scholarship is essentially a collection of academic writings that delve into the examination and explanation of laws and legal frameworks. This body of work often plays a role in legal proceedings when lawyers or judges cite them to bolster their arguments or judgements. The influence of legal scholarship can be instrumental in swaying the outcome of a case, as it can offer compelling authority for a specific interpretation or use of the law. However, it's important to note that the effect of legal scholarship on a case can fluctuate. Factors that influence this include the jurisdiction, the particular legal issue being considered, and the convincing nature of the scholarship itself.
I trust this information provides clarity to your question.
It's thrilling to discuss your inquiry about Legal Scholarships.
Legal scholarship is essentially a collection of academic writings that delve into the examination and explanation of laws and legal frameworks. This body of work often plays a role in legal proceedings when lawyers or judges cite them to bolster their arguments or judgements. The influence of legal scholarship can be instrumental in swaying the outcome of a case, as it can offer compelling authority for a specific interpretation or use of the law. However, it's important to note that the effect of legal scholarship on a case can fluctuate. Factors that influence this include the jurisdiction, the particular legal issue being considered, and the convincing nature of the scholarship itself.
I trust this information provides clarity to your question.
Sheel Bedi
7
Answers
Updated
Sheel’s Answer
What a fascinating and complex question you've posed!
Having been a lawyer before diving into the tech world, I'm pretty excited to tackle this one.
When you mention 'legal scholarship', I'm guessing you're referring to academic papers that delve into legal subjects - essentially, the views of some really smart folks. It's crucial to understand this, and we'll explore why shortly.
In a standard court case, two key elements shape the outcome - the facts (in other words, what transpired between the parties involved?) and the law itself. While a jury usually determines the facts during a trial, what exactly makes up the law? Well, it comes from a few places:
*The Constitution
*Laws or statutes enacted by Congress or state legislatures
*Court cases
*Regulations set by government bodies
These are all considered binding authority - they hold sway, and when interpreting the law, courts refer to them to comprehend what the law entails.
Legal scholarship, however, doesn't fall into this category - there's no rule or expectation that it must be followed.
Instead, we legal scholarship belongs to the category of persuasive authority - it may offer valuable insights, but the court isn't required to adhere to it. With this in mind, Judges might turn to legal scholarship to deepen their understanding of a legal subject, or to aid in deciding the outcome of a particularly intricate case, or where the existing law is unclear or lacking.
Having been a lawyer before diving into the tech world, I'm pretty excited to tackle this one.
When you mention 'legal scholarship', I'm guessing you're referring to academic papers that delve into legal subjects - essentially, the views of some really smart folks. It's crucial to understand this, and we'll explore why shortly.
In a standard court case, two key elements shape the outcome - the facts (in other words, what transpired between the parties involved?) and the law itself. While a jury usually determines the facts during a trial, what exactly makes up the law? Well, it comes from a few places:
*The Constitution
*Laws or statutes enacted by Congress or state legislatures
*Court cases
*Regulations set by government bodies
These are all considered binding authority - they hold sway, and when interpreting the law, courts refer to them to comprehend what the law entails.
Legal scholarship, however, doesn't fall into this category - there's no rule or expectation that it must be followed.
Instead, we legal scholarship belongs to the category of persuasive authority - it may offer valuable insights, but the court isn't required to adhere to it. With this in mind, Judges might turn to legal scholarship to deepen their understanding of a legal subject, or to aid in deciding the outcome of a particularly intricate case, or where the existing law is unclear or lacking.