Apr 20, 2020 · 4) Analytical Legal Research. Analytical Legal Research is a style of qualitative inquiry. It is a specific type of research that involves critical thinking skills and the evaluation of facts and information relative to the research being conducted. Lawyers often use an analytical approach to their legal research to find the most relevant ...
Feb 15, 2017 · Definition of Legal Research. Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent.
Mar 05, 2013 · Although, for the lawyer, Step 2 is actually a two-parter: Step 2 (a): gather and identify all the relevant facts, and Step 2 (b): gather and identify all the relevant law. “Relevant” in this context means “could be useful,” either for the lawyer or the lawyer’s opponent. Trying to efficiently identify the most important factual and ...
Animal law is the study and practice of law relating to animals. As an animal rights lawyer, you apply the legal system to speak for animals and their human associates and allies. You might be contesting animal exploiters, defending animal rights activists, and campaigning for the legal status and rights of animals.
Science, traditionally, is a discipline of sharing information , and an "open-ended search for expanded understanding, whose 'truths' are always subject to revision.".
Expanding commercialism and the need to recover biotechnology investments and research funding through profits has led to the invasion of the scientific domain by legal issues—especially surrounding IP access to research data and conflicts of interest.
In a recent interview with the University of Guelph Alumni magazine Portico, patent lawyer Maria Granovsky described her first employer in the legal field. The law firm Sterne Kessler, Goldstein & Fox (Washington, DC), was "keen to have associates who could argue the fine points of science.".
An invention that has been previously described in the literature , or something that has been on the market for years, cannot be patented. Yet, the filing party, or patent office, might not be aware of the pre-existing product or literature.
The cases might be opened on behalf of clients already holding rights to a product or copyright that has reason to claim those rights have been infringed by another party. Other times, clients might require protection from a lawsuit filed by another party whose patent claim, they feel, is invalid.
The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.
Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.
Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.
Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.
A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.
The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.
If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.
Similarly, a corporate lawyer may conduct legal research in order to determine whether a proposed new policy would expose the company to liability.
Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, ...
Stare Decisis: The doctrine under which courts adhere to precedent on questions of law in order to insure certainty, consistency, and stability in the administration of justice.
Judges often write opinions that aren't exactly easy for non-lawyers to follow. Lawmakers do the same with statutes. If you're researching a legal topic and you've hit a wall, it may be in your best interests to speak with an attorney.
The law professor is different from the lawyer in that — at least ideally — the law professor’s motivation is to identify the most plausible construction of the data that supports a conclusion intriguing enough to be published, whereas the lawyer’s motivation is to identify a plausible construction of the data that best supports their client’s win conditions. In other words, because the law professor’s Step 1 is less bound to the goal of achieving a specific real-world objective, the law professor has a lot more wiggle room on how to define the possible results at Step 6 of the legal method.
And from thinking back on my own experiences, and trying to identify the common thread in all of those incidents, the best definition I can come up with is this: to “think like a lawyer” is to engage in an inverted version scientific method. It is the art of identifying the plausible, and then portraying it as the logical. In short, people accuse you of “thinking like a lawyer” when you find a way to depict a given set of facts and law, in an accurate but deliberately emphasized fashion, so that the data compels a conclusion that has been pre-established by the lawyer.
Absolutely. The basic method of thinking like a lawyer is the same for both a law professor and a lawyer. The primary distinction is that the two have very different objectives, but the process they use is more or less the same.
It is an inversion of the scientific method, in that the data does not — and, I would argue, cannot — compel the conclusion. The conclusion is predefined, and the lawyer’s job is to sift through the data and construct an explanation that results in the conclusion. But the steps followed in the scientific process are not all that different from the steps of the legal process, it is just that the legal method follows those steps in a slightly different order.
Luckily for attorneys, law is not science; it is not defined by reference to a pre-existing reality, and it is not limited to formulations that are consistent with this pre-existing state. It only has to be consistent within itself. Which means there are lot of plausible ways that those facts and laws can be combined. The question for the lawyer, then, is what are the possible hypotheses that might be consistent with the relevant factual record? You are not looking at what did happen, you are looking for everything that could have happened. Then, taking the resulting class of possible hypotheses, you examine each of them in turn for their consistency with the results defined in Step 6.
Prosecutors and district attorneys, who represent the interests of the state in prosecuting those accused of crimes
Securities law focuses on the formation, organization, and financing of corporations. This is a complex area of law that almost always requires the services of a specialist. Securities law practice areas include: Stocks.
Animal law is the study and practice of law relating to animals. As an animal rights lawyer, you apply the legal system to speak for animals and their human associates and allies. You might be contesting animal exploiters, defending animal rights activists, and campaigning for the legal status and rights of animals.
Environmental and natural resources law focuses on the legal and regulatory issues relating to natural resources. Environmental and natural resources lawyers may work directly for governmental agencies, public interest groups, or organizations concerned about protecting the environment.
Health Law. Health law focuses on regulations that impact the health care industry and its patients. Health law lawyers can represent hospitals, physician groups, health maintenance organizations (HMOs), individual doctors, universities, and many others.
International Law. International law focuses on the legal implications of increased travel across borders for business, tourism, and permanent residence. Fluency in other languages or familiarity with other cultures can be an advantage for law school graduates who want to practice in the international arena.
Intellectual property law focuses on the protection of discoveries, creations, and identifying marks for inventors, authors, and businesses. Intellectual property lawyers usually specialize in a specific practice area, which include: Patent law. Copyright law.
Scientific researches are studies that should be systematically planned before performing them. In this review, classification and description of scientific studies, planning stage randomisation and bias are explained. Keywords: Scientific researches, clinic researches, randomisation. Research conducted for the purpose of contributing ...
Classification can be made according to the data collection techniques based on causality, relationship with time and the medium through which they are applied.
Healthy participants are evaluated with regard to the exposure to the effect. Then, the group (cohort) is followed-up for a sufficient period of time with respect to the occurrence of disease, and the progress of disease is studied. The risk of the healthy participants getting sick is considered an incident. In cohort studies, the risk of disease between the groups exposed and not exposed to the effect is calculated and rated. This rate is called relative risk. Relative risk indicates the strength of exposure to the effect on the disease.
Observational research is more attractive than other studies: as necessary clinical data is available , coming to a conclusion is fast and they incur low costs (4) . In observational studies, the factors and events examined by the researcher are not under the researcher’s control.
After the researcher intervenes, the researcher waits for the result, observes and obtains data. Experimental studies are, more often, in the form of clinical trials or laboratory animal trials (2).
Clinical studies are conducted by a responsible researcher, generally a physician. In the research team, there may be other healthcare staff besides physicians.
On the other hand, in retrospective studies, the research is made on recorded data: no new data can be added. In fact, retrospective and prospective studies are not observational. They determine the relationship between the date on which the researcher has begun the study and the disease development period.
Types of scientific research. Research is a logical and systematic search for new and useful information on a particular topic. Research is important both in scientific and nonscientific fields. In our life new problems, events, phenomena and processes occur every day. Practically, implementable solutions and suggestions are required ...
Basic and applied researches are generally of two kinds: normal research and revolutionary research . In any particular field, normal research is performed in accordance with a set of rules, concepts and procedures called a paradigm, which is well accepted by the scientists working in that field.
Exploratory research might involve a literature search or conducting focus group interviews. The exploration of new phenomena in this way may help the researcher’s need for better understanding, may test the feasibility of a more extensive study, or determine the best methods to be used in a subsequent study.
The research is broadly classified into two main classes: 1. Fundamental or basic research and 2. Applied research.
It is important in industry and business for higher gain and productivity and to improve the quality of products. Research leads to a new style of life and makes it delightful and glorious. It leads to the identification and characterization of new materials, new living things, new stars, etc.
Research provides basis for many government policies. For example, research on the needs and desires of the people and on the availability of revenues to meet the needs helps a government to prepare a budget.
Most of the experimental research, case studies and inter-disciplinary research are essentially applied research. Applied research is helpful for basic research. A research, the outcome of which has immediate application is also termed as applied research. Such a research is of practical use to current activity. Applied research.
Some of the types of research scientific applied, basic, correlational, descriptive, ethnographic, experimental or exploratory research . Research includes any creative work done on a systematic basis to improve knowledge, including knowledge of humans, ...
This study seeks to show how things can be changed and recognize that other variables are constantly changing.
The correlational research refers to the systematic investigation or statistical study of relations between two or more variables, without necessarily determining a cause and an effect.
Exploratory research helps determine the best research design, the best method of data collection, and the selection of subjects. The results of exploratory research are usually not useful for making decisions for themselves, but they can give important insight into a given situation.
Descriptive research refers to research that provides an accurate picture of the characteristics of a particular individual, a situation, or a group. Descriptive research is also known as statistical research.
Observational studies draw interference from a sample to a population where the independent variable is not under the control of the researcher due to logical constraints or ethical concerns.
Experimental research is an objective, systematic and controlled research with the purpose of predicting and controlling the phenomena and examining the probability and causality between the selected variables. The simplest experimental research includes two variables and two groups of participants: