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Author Question: Describe the checklist for defining the issues to be researched. Help with this? ... (Read 39 times)

pepyto

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Describe the checklist for defining the issues to be researched.
 
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Question 2

List and define the rules of construction and rules of statutory interpretation discussed in the text.
 
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vseab

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Answer to Question 1

The checklist for defining research issues includes the following questions:
Parties: Who are the people involved in the action or lawsuit?
Places and things: Where did the events take place, and what items are
involved in the action or lawsuit?
Basis of action or issue: What is the legal claim or issue involved in the action
or lawsuit?
Defenses: What legal justification exists for the events in question?
Relief sought: What is the legal remedy or penalty sought in the case?

Answer to Question 2

Some of the traditional guidelines used by courts in interpreting statutory law are:
The rules of constructionThe rules of statutory construction are rules that control the judicial interpretation of the language and intent of a statute. For example, one statutory rule of construction is that specific provisions are given greater weight than general provisions when there is a conflict between the two.

The plain-meaning ruleUnder the plain-meaning rule, the words chosen by the legislature must be understood according to their common meanings. If the statute is clear on its face (in its obvious meaning), and therefore capable of only one interpretation, that interpretation must be given to it. No additional inquiries, such as inquiries into legislative intent or history, are permitted when the meaning of the statute is clear on its face.
Previous judicial interpretationsA statutory interpretation made by a higher
court in the same jurisdiction must be accepted as binding by the lower courts in that jurisdiction. Citations to court cases relating to specific statutes may be found in the annotated versions of state or federal statutory codes.
Legislative intentAnother technique used in statutory interpretation is learning the intent of the legislature when the statute was passed. A court using this method determines the meaning of the statute by attempting to find out why the legislators chose to word the statute as they did or what the legislators sought to accomplish by enacting the statute. This can be done by investigating the legislative history of the statute.




vseab

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